Terms of Service

This website is operated by Rose Madison New York. Throughout the site, the terms "we," "us," and "our" refer to Rose Madison New York. Rose Madison New York offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "TOS"), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or content providers.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, you may not access the website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current offering will also be subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use.

SECTION 1 – ELIGIBILITY AND ACCEPTABLE USE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the state, province, or country in which you reside, or that you have your parent's or legal guardian's consent to do so.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including without limitation copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature.

Violation or breach of any of these Terms will result in immediate termination of your access to the Services.

SECTION 2 – GENERAL TERMS

We reserve the right to refuse service to anyone, at any time, for any reason.

You understand that your content (other than credit card information) may be transmitted unencrypted and may involve (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES TO SERVICES AND PRICING; CONCLUSION OF CONTRACT

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

The presentation of products in our online store does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking "Buy" or completing checkout, you make a binding offer to enter into a purchase contract. You will receive an automated confirmation email upon submitting your order; this confirmation email acknowledges receipt of your order and does not itself constitute our acceptance of the contract. The contract is concluded once we confirm shipment or otherwise expressly accept your order.

Statutory warranty rights, where applicable under the law of your jurisdiction, remain unaffected by these Terms.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right, without obligation, to limit the sale of our products or services to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited by law.

Most of our products are shipped directly to the customer by our supplier(s). Any customs duties, import taxes, or related charges incurred upon import are the sole responsibility of the customer and are not included in the product price or shipping cost.

Fabric composition, care, and maintenance information is provided by our suppliers as general guidance only. While we make reasonable efforts to ensure accuracy, we are unable to independently verify every fabric composition and are not liable for any damage, malfunction, or deterioration resulting from washing, handling, or use of products in accordance with these recommendations. If you believe there is a material discrepancy, please contact us and we will resolve the matter in accordance with our Return Policy.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These limitations may apply to orders placed under the same customer account, credit card, and/or billing or shipping address. In the event of a change or cancellation, we may attempt to notify you using the contact information provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our store, and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

For further information, please see our Return Policy.

SECTION 7 – THIRD-PARTY TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or relating to your use of any optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party provider(s).

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party material, and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER SUBMISSIONS

If, at our request, you send certain submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments you forward to us in any medium. We are under no obligation to (1) maintain any Comments in confidence, (2) provide compensation for any Comments, or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Use.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain unlawful, defamatory, obscene, or offensive material, or any viruses or malware. You may not use a false email address, impersonate any person, or otherwise mislead us or any third party as to the origin of your Comments. You are solely responsible for your Comments and their accuracy, and we assume no liability for any Comments posted by you or any third party.

Any additional customs clearance charges and/or import duties are not included in the purchase price and are the responsibility of the customer.

SECTION 10 – PERSONAL INFORMATION

The provision of personal information through the Store is governed by our Privacy Policy, available at https://rosemadisonnewyork.com/policies/privacy-policy

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate at any time without notice, including after an order has been submitted.

We undertake no obligation to update, amend, or clarify information on the Service, including without limitation pricing information, except as required by law. No specified update or refresh date on the Service should be taken to indicate that all information has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the Service or any related website;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from use of the Service will be accurate or reliable.

You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Rose Madison New York, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rose Madison New York and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred by either party prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Use remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our website.

If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Use, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services, or any part thereof.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including any prior versions of these Terms of Use.

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 18 – CHANGES TO THESE TERMS OF USE

You may review the most current version of these Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting changes to our website. It is your responsibility to check our website periodically for changes. Continued use of, or access to, our website or the Service following any posted changes constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about these Terms of Use should be sent to us at:

Email: info@rosemadisonnewyork.com